L’Encyclopédie de l’histoire du Québec / The Quebec History Encyclopedia

Canadian
Treaties With Indians

[This
text was written in 1898. For the full citation, see the end of the
document.]

There
have been about 1540 Treaties with the Indians under which lands have
been transferred to the Crown in the several provinces of the present
Dominion. It has been pointed out by the Dominion Statistician that
some of these treaties and surrenders of territory are very old. Thus,
No. 239 has articles of submission and agreement made at Boston , in
New England ; bears date 15th December, 1725 ; and contains the acknowledgement
of the submission of the Indians of Nova Scotia, or Acadia, and New
England to King George II., in connection with the Treaty of Utrecht,
1713. "Signed, sealed and delivered in the presence of the Great
and General Court or Assembly of the province of Massachusetts Bay and
ratified at the Fort of Annapolis Royal, Nova Scotia," it bears
traces of the fine work of Paul Mascarene, the well-known Governor of
Nova Scotia.

Another
is the Treaty of 1727. This was an alliance, offensive and defensive,
between the English and the Indians, done at the Conference of Casco
Bay, and signed on behalf of King George by William Dummer, Lieut.-Governor
of Massachusetts Bay; J. Wentworth, Lieut-Governor of New Hampshire;
and P. Mascarene, Commissioner for the Government of Nova Scotia.

A
third is the renunciation by the Chippewas, through their representatives
and chiefs, to King George III., of the Island of Michilimackinac, called
by the French Canadians "La Grosse Isle," the consideration
money being "£5,000, New York currency," the Indians
promising to preserve in the village a belt of wampum seven feet in
length "to perpetuate, secure and be a lasting memorial of the
said transactions to our nation for ever hereafter." The date is
the 12th of May, 1781 .

A
fourth, dated 1790, conveys the area out of which have been cut the
counties of Essex and Kent and portions of Elgin, Middlesex, and Lambton.
The grantors are the principal village and war chiefs of the Ottawa,
Chippewa, Pottawatomie and Huron nations around Detroit. The conveyance
is to King George III., the payment of the consideration money, £1,200
Halifax currency, in valuable wares and merchandise, being made by Alexander
McKee, Deputy Agent of Indian Affairs. Among the valuable wares and
merchandise then given to the Indians were 840 pairs of blankets, ranging
in price from 4/9 a pair to 12/- ; 35 pieces of shrouds at 67/- ; 140
yards of scarlet cloth at 8/- ; 12 pieces of cadies, 420 yards, at 2/6;
26 pieces Embolton linen, 96 yards, at I5/- ; 50 gross ribbons at 10/6
; 100 pounds vermilion at 4/- ; 1 dozen black silk handkerchiefs; 60
guns at 20/6; 20 rifles at 50/-; 1,000 pounds ball and shot at 21/-
per 100 pounds; 2,000 flints at 10/- per 1000 ; 30 dozen looking-glasses
at 3/- per dozen; 10 pairs callemaneon at 21/-; 1,000 fish hooks at
22/6 ; 39 gallons rum at 3/9 ; 400 pounds tobacco at 1/3 ; 24 laced
hats at 20/-; 11 gross pipes at 1/6 ; 600 pounds brass kettles at 1/3
per pound, etc.

Among
these early documents is one from Louis XIV., dated 29th May, 1680,
granting the land called Le Sault, near the St. Louis rapids, to the
Jesuits for the use of the Iroquois settled there. The grant "most
expressly prohibits and forbids the French, who may live with, or go
among, the said Iroquois and other Indian nations who may settle on
the said land called Le Sault, from having and keeping any cattle, and
all persons from keeping any public-houses among the dwellings of the
said Iroquois, which may be built on the said land."

The
details of Canadian Treaties with the Indians are important and have
been dealt with at length by the late Lieut.-Governor Morris, the late
William Leggo, of Winnipeg, and Mr, George Johnson, of Ottawa. From
these authorities the following additional facts may be given:

Valuable
minerals having been discovered on the northern shores of Lake Superior
and Huron, the Government of the Province of Canada commissioned the
late Hon. W. B. Robinson to negotiate with the Indians holding these
lands, and that gentleman in 1850 made two treaties, which form the
models upon which all subsequent treaties with the Indians of the North-West
have been framed; their main features being annuities, reserves and
liberty to hunt and fish on the lands until sold by the Crown. In 1862
the Government of the old Province of Canada obtained the surrender
of the Indian title to the Great Manitoulin Island. In 1871 the Dominion
Government set seriously to work to quiet the western Indians, who were
then very restless, by arranging with them solemn treaties.

It
was considered desirable to begin with the Ojibiways or Chippewas found
between Thunder Bay and the north-west angle of the Lake of the Woods.
Mr. Wemyss McKenzie Simpson was appointed Indian Commissioner for the
purpose. Having issued a proclamation inviting the Indians to meet him
at Lower Fort Garry, or the Stone Fort, on 25th July, 1871, and at Manitoba
Post, a Hudson's Bay Fort at the north end of Lake Manitoba, on the
17th August following, Mr. Simpson, accompanied by the Hon. A. G. Archibald,
then Lieutenant-Governor of Manitoba and the North-West Territories,
the Hon. James McKay, and Mr. Molyneux St. John, attended at these points,
and, after much negotiation, succeeded in completing two treaties, known
as Nos. One and Two. The principal
features of these treaties, for they were identical, were the absolute
relinquishment to Her Majesty of the Indian title to the tracts described;
the reservation of tracts sufficient to furnish 160 acres to each Indian
family of five; provisions for the maintenance of schools ; the prohibition
of the sale of intoxicating liquors on the Reserves; a present of three
dollars to each Indian, and the payment of three dollars per head yearly
for ever. Roughly, these treaties secured the title to a tract of country
extending from the present easterly boundary of Manitoba, westerly along
the boundary line between Canada and the United States - the 49th parallel
- about 300 miles, and running north about 250 miles, including the
present Province of Manitoba, and forming an area of about 60,000 square
miles of admirable land.

In
the same year (1871), it was found necessary to obtain the title to
the area from the watershed of Lake Superior to the north-west angle
of the Lake of the Woods , and from the American boundary to the height
of land from which the streams flow towards Hudson 's Bay. This step
had become necessary in order to render the route, known as the "Dawson
route," secure for the passage of the immigrants, and to enable
the Government to throw the land open for settlement. Messrs. W. M.
Simpson, S. J. Dawson, and W. J. Pether were appointed Commissioners,
and, in July, 1871, they met the Indians at Fort Francis. Difficulties
arose, and no treaty was affected [sic]. The matter was adjourned, and
the Indians were asked to consider the proposals and meet again during
the following summer. But they were not ready then, and the negotiations
were indefinitely postponed. In 1873, it was determined to make another
effort, and a commission was issued to Mr. Morris, then Lieutenant-Governor;
Lieut.-Colonel Provencher, who had in the meantime been appointed Commissioner
of Indian Affairs in the place of Mr. Simpson, who had resigned ; and
Mr. Lindsay Russell - but the latter gentleman being unable to act,
Mr. Dawson, afterwards M.P. for Algoma, was appointed in his stead.
The Commission, thus organized, met the Indians at the north-west angle
late in September, 1873, and after protracted and difficult negotiations
succeeded in completing the Treaty Number Three.

This
Treaty was of great importance. It released that portion of the North-West
between the westerly boundary of Ontario and the Province of Manitoba,
and extending north about 250 miles. Its width is about the same, and
a territory of about 55,000 square miles was released from the Indian
title. It was of the utmost consequence that these lands should be speedily
secured because the Dawson road ran over them: the Canadian
Pacific Railway in its progress from Fort William to Selkirk on
the Red river passed through them, and they were believed to be rich
in minerals. The sharpness of the Indian, and his acutness in bargaining,
were for once conspicuously exhibited. Mr. Morris conducted the "palaver."
The demands of the Indians, however, were somewhat unreasonable and
the negotiations were several times on the point of being broken off.
Nothing but the fortunate combination of skill, patience, firmness and
good temper on the part of the Lieutenant-Governor could have enabled
him to achieve the ultimate diplomatic triumph which was of the greater
value since it struck the keynote of all the subsequent treaties, and
taught the Indians that though the Government might be generous, it
would none the less firmly resist imposition. Several days were consumed
in fruitless talk; the Indians demanded a payment down of $15 for every
head then present; $15 for each child thereafter to be born forever;
$50 each year for every chief; and other payments amounting to an additional
$125,000 yearly, and that in addition to their reserves of land and
the right to hunt and fish. They had a very high and just estimate of
the value of the territory. They evidently supposed it contained the
precious metals, as during the council a speaker in the poetic style
peculiar to the Indians, exclaimed: "The sound of the rustling
of gold is under my foot where I stand : we have a rich country: it
is the Great Spirit who gave us this; where we stand upon is the Indians'
property, and belongs to them."

The
next treaty was the Qu'Appelle (Who calls)
treaty, or No. Four, and is named from the Qu'Appelle Lakes,
where it was made. The Indians treated with were the Cree and Saulteaux
tribes, and by it 75,000 square miles of most valuable territory were
secured. It included a portion of the far-famed "fertile belt,"
and was the first step taken to bring the Indians of that splendid terrritory
into close relations with the Government. It extends from the westerly
limits of No. Two, westerly along the American boundary
about 350 miles, and runs in a north-east direction to the head of Lake
Winnipegosis, about 300 miles north of the international boundary. In
his report for 1875, the Hon. Mr. Laird, then Minister of the Interior,
pays a high compliment to Mr. Morris, for he states "that it is
due to the council to record the fact that the legislation and valuable
suggestions submitted to Your Excellency from time to time, through
their official head, Governor Morris, aided the Government not a little
in the good work of laying the foundations of law and order in the North-West,
in securing the good will of the Indian tribes, and in establishing
the prestige of the Dominion. Government throughout that vast
country."

A
commission was next issued to Mr. Morris, Mr. Laird and Mr. Christie,
a retired factor of the Hudson's
Bay Company and a gentleman of large experience among the Indian
tribes. These gentlemen met the Indians in September, 1874, at Lake
Qu'Appelle , three hundred and fifty miles. nearly due west from Winnipeg,
accompanied by an escort of militia under Col. Osborne Smith,. C.M.G.
The Commissioners were met again by somewhat excessive demands, and
their difficulties were intensified by the jealousies existing between
the Crees and the Chippewas ; but through firmness, gentleness and tact
they eventually succeeded in securing a treaty similar in terms to No.
Three. The conference opened on the 8th September, and the
first three days were entirely fruitless; the Indians seemed unwilling
to begin serious work, for they were undecided among themselves and
could not make up their minds. to put forward their speakers. On the
fourth day, Mr. Morris addressed them for the fourth time, and his speech,
as given in his volume upon the subject, shows the style of thought
and language which was found effectual with these children of the forest.
Mr. Morris subsequently made a similar treaty at Fort Ellice with a
few Indians who could not attend at Qu'Appelle, and he also in July,
1876, settled troublesome difficulties which had arisen out of Treaties
One and Two.

In
September, 1875, the Winnipeg or No. Five treaty was
concluded. This covers an area of about 100,000 square miles. The territory
lies north of that covered by Nos. Two and Three. Its
extreme northerly point is at Split Lake, about 450 miles north of Winnipeg
, and its width is about 350 miles. The region is inhabited by Chippewas
and Swampy Crees. A treaty had become urgently necessary. It includes
a great part of Lake Winnipeg, a sheet of water three hundred miles
in length, having a width of seventy miles. Red River empties into it,
and Nelson River flows from it to Hudson's Bay. Steam navigation had
been established on it before the treaty. A tramway of five miles was
in course of construction to avoid the Grand Rapids, and connect that
navigation with steam­ers on the River Saskatchewan. The Icelandic
settlement, visited by Lord Dufferin, where he made one of his best
speeches, was on the west side of the lake; and until the Pacific Railway
supplied the want, this lake, with the Saskatchewan, was the thoroughfare
between Manitoba and the more distant regions of the West. For these
and other reasons the Minister of the In­terior reported that "it
was essential that the Indian title to all the territory in the vicinity
of the lake should be extinguished so that settlers
and traders might have undisturbed access to its waters, shores, islands,
inlets and tributary streams. Mr. Morris and the Hon. James Mc­Kay
were thereupon appointed Commissioners to treat with the Indians. They
performed the work partly in 1875, and it was concluded in 1876 by the
Hon. Thos. Howard and Mr. J. L. Reid, under instructions from Mr. Morris.
The treaty was made at Norway House, at the foot of the lake, and its
terms were identical with those of Nos. Three and Four,
except that the quantity of land given to the families was smaller,
and the gratuity was reduced from twelve to five dollars per head.

The
Treaties Nos. One, Two, Three, Four and Five comprised
an area of about 290,000 miles; but there was still an immense unsurrendered
tract lying east of the Rocky Mountains, between the American boundary
and the 55th parallel, containing about 170,000 square miles, which
it was essential should be immediately freed from the Indian title.
This was effected by Treaties Nos. Six and Seven. No.
Six was made at Forts Carleton and Pitt. The great region covered by
it - or rather by the two, forming together what is officially
known as No. Six - embraces an area of about 120,000 square miles, and
contains a vast extent of the most fertile lands of the North-West.
The Crees were the owners of this magnificent territory. They had, ever
since 1871, been uneasy about their lands, and had frequently expressed
their desire to treat with the Government. The Hon. Mr. Mills, Minister
of the Interior, in his Report for 1876, thus alludes to the
matter:

"Official
reports received last year from His Honour Governor Morris and Col.
French, the officer then in command of the Mounted Police Force, and
from other parties, showed that a feeling of discontent and uneasiness
prevailed very generally amongst the Assiniboines and Crees lying
in the unceded territory between Saskatchewan and the Rocky Mountains.
This state of feeling, which had prevailed amongst these Indians for
some time past, had been increased by the presence, last summer, in
their territories, of the parties engaged in the construction of the
tele­graph line, and also of a party belonging to the Geological
Survey. To allay this state of feeling and to prevent the threatened
hostility of the Indian tribes to the parties then employed by the
Government, His Honour Governor Morris requested and obtained authority
to despatch a messenger to convey to these Indians the assurance that
Commissioners would be sent this sum­mer to negotiate a treaty
with them, as had already been done with their brethren further east."

A
commission was accordingly issued to Mr. Morris, the Hon. Mr. McKay
and Mr. Christie. These gentlemen first met the Indians near Fort Carleton,
on the Saskatchewan, in August, 1876, and succeeded in effecting a Treaty
with the Plain and Wood Crees on the 23rd of that month and with the
Willow Crees on the 27th. The negotiations were exceedingly difficult
and protracted, and the temper, discretion and firmness of the Commissioners
were put to the severest test. On the conclusion of the Treaty at Fort
Carleton, the Commissioners proceeded to Fort Pitt, where they met with
no further difficulty, and the Treaty was soon concluded. The Commissioners
discovered amongst these Indians a strong desire for instruction in
farming, and for missionary and educational aid.

Treaty
No. Six extends from the westerly
boundary of No. Five to the Rocky Mountains, a distance of about 600
miles, and from the north­ern boundaries of Nos. Seven and Four
to the 55th parallel, the greatest width being about 300 miles. The
projected route of the Canadian Pacific Railway passed through nearly
its entire length. This was the last Treaty in which Mr. Morris took
a part. His term of office expiring in 1878, he left Manitoba and returned
to Ontario. A comparatively small territory, however, lying between
the Rocky Mountains and Nos. Four and Six, was still unceded, and as
it was important to obtain the Indian title as soon as possible, a commission
was issued in 1877 for the purpose to the Hon. David Laird, then Lieutenant-Governor
of the North-West Territories, and Lieut.-Col. McLeod of the Mounted
Police Force. This region was occupied by the Blackfeet. They met the
Commissioners at the Blackfoot crossing on the Bow River on the 17th
September, 1877, and after five days of tedious pow-wowing, the Treaty
No. Seven was concluded. The terms were substantially the
same as those of Nos. Three and Four, except that, as some of the bands
desired to engage in pastoral instead of agricultural pursuits, they
were given cattle instead of farming implements. The Minister of the
Interior well observed in his ensuing Report that "the conclusion
of this Treaty with these warlike and intractable tribes, at a time
when the Indians, immediately across the border, were engaged in open
hostilities with the United States troops, is certainly a conclusive
proof of the just policy of the Government of Canada towards the aboriginal
population." To this Mr. Morris adds these significant words in
his record of the work thus done : "And of the confidence of the
Indians in the promises and just dealing of the servants of the British
Crown in Canada - a confidence that can only be kept up by the strictest
observance of the stipulations of the treaties."

One
of the first Canadian Treaties of importance with the Indians was arranged
in 1836 by Sir Francis Bond Head, then Lieut.-Governor of Upper Canada.
By this arrangement a large number of the aborigines were located upon
Manitoulin Island after having first renounced their territorial claims
upon the mainland in favour of the Crown. The Treaty aroused much strong
opposition at the time from missionaries and others, who claimed that
justice had not been done to the red man, and that mission rights had
been seriously interfered with. The views of the Lieut-Governor may
be seen from the terms of the following despatch to Lord Glenelg, then
Colonial Secretary:

"
Toronto , 20th August, 1836.

MY
LORD

Your
Lordship is aware that my predecessor, Sir John Colborne, with a view
to civilize and Christianize the Indians who inhabit the country north
of Lake Huron, made arrangements for erecting certain buildings on
the Great Manitoulin Island, and for delivering on this spot, to the
visiting Indians, their presents for the present year. The instructions
which I received from Your Lordship to counteract or defer these arrangements
reached me too late to be acted upon; and it being impracticable to
promulgate to the Indians that they were not to assemble there, I
determined to proceed to the Island and attend the meeting.

I
was five days going there in a canoe, and during that period, as well
as during my return, had an opportunity of meandering through and
living upon the islands which are on the north shore of Lake Huron,
and which exceed in number 23,000. Although formed of granite, they
are covered with various trees growing in the interstices of the rock,
and with several descriptions of berries, upon which Indians feed
; the surrounding waters abound in fish. On arriving at the Great
Manitoulin Island, where I was received by 1,500 Indians who had assembled
for their presents, I found that this Island, as well as those I had
mentioned, belong (under the Crown) to the Chippewa and Ottawa Indians,
and that it would therefore be necessary to obtain their permission
before we could avail ourselves of them for the benefit of other tribes.

Although
I did not approve of the responsibility as well as the expense of
attracting, as had been proposed, the wild Indians from the country
north of Lake Huron to Manitoulin; yet it was evident to me that we
should reap a very great benefit, if we could persuade those Indians
who are now impeding the progress of civilization in Upper Canada
to resort to a place possessing the double advantage of being admirably
adapted to them (inasmuch as it affords fishing, hunting, bird-shooting
and fruit), and yet in no way adapted to the white population. Many
Indians have long been in the habit of living in their canoes among
these islands, and from them, from every inquiry I could make, and
from my own observations, I felt convinced that a vast benefit would
be conferred both upon the Indians arid the Province by prevailing
upon them to migrate to this place.

I
accordingly explained my views in private interviews which I had with
the Chiefs, and I then appointed a Grand Council, at which they should
all assemble to discuss the subject, and deliberately to declare their
opinions. When the day arrived, I addressed them at some length, and
explained to them, as clearly as I was able, their real interests,
to which I found them very sensibly alive. The Indians had previously
assembled to deliberate upon the subject and had appointed one of
their greatest orators to reply to me. The individual selected was
Sigonah (the Blackbird), celebrated among them for having on many
public occasions spoken without once stopping from sunrise till sunset.

Nothing
could be more satisfactory than the calm, deliberate manner in which
the Chief gave, in the name of the great Ottawa tribe, his entire
approval of my projects; and as the Chippewas and Ottawas thus consented
to give up the twenty-three thousand Islands, and as the Saugeens
also consented to give up a million and a half of acres, adjoining
the lands of the Canada Company, I thought it advisable that a short,
plain memorandum should be drawn up, explanatory of the foregoing
arrangements, to be signed by the Chiefs while in council, and witnessed
by the Church of England, Catholic and Methodist clergymen who were
present, as well as by the several officers of His Majesty's Government.

I
enclose to Your Lordship a copy of this most important document, which,
with a wampum attached to it, was executed in duplicate ; one copy
remaining with me, the other being deposited with a Chief selected
by the various tribes for that purpose. Your Lordship will at once
perceive that the document is not in legal form but our dealings with
the Indians have been only in equity, and I was therefore anxious
to show that the transaction had been equitably explained to them.
The surrender of the Saugeen territory has long been a desideratum
in the Province, and it is now especially important, as it will appear
to be the first fruits of the political tranquility which has been
attained. I feel confident that the Indians, when settled by us in
the manner I have detailed, will be better off than they were ; that
the position they will occupy can bona fide be fortified
against the encroachments of the whites; while, on the other hand,
there can be no doubt that the acquisition of their vast and fertile
territory will be hailed with joy by the whole Province.

I
have etc.,

(Signed)
F. B. HEAD."

The
system of annual presents to the Indians was maintained as a sort of
distribution of bounty from the British Sovereign during a prolonged
period beginning with the events of the American Revolution. It was
not entirely discontinued until Confederation, in 1867, and must have
involved a very heavy total expenditure. It was, until about 1841, entirely
an Imperial affair, but after that time the presents were given mainly
from the income of Crown Lands received from, or held in trust for,
the Indians. In 1836 the cost of these gifts was £8,500 in Upper
Canada and £4,000 in Lower Canada . They consisted usually of
blankets, clothing, guns and trinkets, and were looked forward to by
the Indians with great anticipation not only as a source of comfort
but as a reward for their services in war and a pledge of continued
British friendship. In 1837 a Committee of the Executive Council of
Lower Canada, composed of the Hon. Messrs. Smith, De Lacy, Stewart,
and Cochran, was appointed to examine into the workings of the Indian
Department, and reported to the Governor - Lord Gosford - upon this
particular point as follows:

"The
Committee, therefore, deem it their duty to express in the strongest
manner their conviction that good faith, justice and humanity alike
forbid the discontinuance of the presents until the Indians shall
be raised to a capacity of maintaining themselves on an equality with
the rest of the population of the Province. Although the Indians have
no express agreement with the king's Government, to refer to which
entitles them to a continuance of this kind and extent of support,
the whole tenor of the conduct observed towards them since the year
1759 has led them to such an expectation ; nor were there wanting
public acts to confirm it, for besides their having been at all times
treated by the British Government as allies or dependents in the continental
wars since that period, by the Royal Proclamation of 1763 the lands
held or claimed by them within the Province of Quebec were in a special
manner taken under the administration of the Crown for their benefit,
and such particular precautions were enjoined with respect to the
disposal of them as showed that the Crown felt itself bound to secure
to the Indians their ordinary means of subsistence."

Writing
to Lord Glenelg on July 13th, 1837 , the Earl of Gosford thus referred
to the Report just quoted :

"The
Committee, in advising against the discontinuance of the presents
at any early period, do not so much advert to their actual value to
the Indians, though to them that value is not inconsiderable, as to
the moral effect of the system on their character and habits ; and
they are firmly impressed with the belief that no extensive change
of those habits can be counted upon in that part of the present generation
of Indians who have grown up to manhood, and from these the presents
ought not to be withdrawn, unless in those rare individual cases where
Indians may have applied themselves to industry, and have become independent
of such aid."

On
August 22nd, 1838 , Lord Glenelg, Colonial Secretary, in a letter to
the Earl of Durham, summed up his views regarding the necessity of Imperial
control over the aborigines:

"
I. It should be regarded as a fixed principle in any arrangements
that may be made regarding the Indians, that their concerns must be
continued under the exclusive care and superintendence of the Crown.
My meaning cannot be better expressed than in the words of the Committee:
'They think it right to observe, in general, that in the recommendations
which they have offered they assume tha the Indians must continue
to be, as they have hitherto been, under the peculiar care and management
of the Crown, to which, whether under French or English dominion,
they have been taught exclusively to look for paternal protection
in compensation for the rights and independence which they have lost.
Until circumstances make it expedient that they should be turned over
by the Crown to the Provincial Legislature and receive Legislative
provision and care, the Committee conceive that all arrangements with
respect to them must be made under the immediate direction of Her
Majesty's Government, and carried into effect under the supervision
of officers appointed by it.'

2.
It is to be regretted that in the proposals made to the Assemblies
of the different Provinces respecting the cession of the Crown revenues,
in return for a fixed civil list, some stipulation was not introduced
securing a portion of the annual revenues for the social and religious
improvement of the Indians. In those cases, as in Upper and Lower
Canada , where the negotiations will have to begin de novo ,
it may be right to insert some provision to that effect ; for in such
cases it is clearly open to the Crown to vary or add to the terms
of the proposal. But even where it is too late to take this step,
I have no doubt that an appeal to the justice and liberality of the
Local Legislature in behalf of the Indians would meet with a cordial
and efficient return.

3.
I would in the same spirit deal with the question of lands for the
Indians. However rigidly the rules respecting the disposal of lands
may be observed in general, and it is necessary to observe them with
the utmost strictness, yet if in any case it be for the clear advantage
of the Indians to depart from those rules, the departure ought without
hesitation to be sanctioned."